John
J. Pringle, Jr. and Shaun C. Blake, both of Ellis Lawhorne & Sims, of Columbia,
for Petitioner.

Linda
McDonald, of Columbia, for Respondent.

PER CURIAM: We granted certiorari to review the
Court of Appeals decision in L.A. Barrier & Son, Inc. v. SCDOT, Op.
No. 2008-UP-418 (Ct. App. filed July 21, 2008) and now affirm as modified. The
Court of Appeals held that, pursuant to 49 C.F.R § 26.69(i)(2), Joel must
renounce any interest in the joint checking account used to purchase Electa’s
shares. We agree with petitioner that no renunciation is required here, but
affirm the Court of Appeals' decision which reversed the decision of the
Administrative Law Court. At the time DOT reviewed petitioner's certification
request, Joel had not renounced his ownership interest in the 500 shares
purchased using funds from the joint account. Since the burden of
demonstrating that the certification criteria has been met rests on the entity
seeking certification, 49 C.F.R. § 26.61(b), and since Lisa did not own the
requisite 51% of the shares at the time the certification determination was
sought and made, DOT properly denied the request.